Section 65
Condition
To benefit from a statutory general holiday, an employee must not have been absent from work without the employer’s authorization or without valid cause on the working day preceding or on the working day following the holiday.
1979, c. 45, s. 65; 1990, c. 73, s. 21; 2002, c. 80, s. 21.
Interpretation
This provision sets the only condition for the application of section 62 ALS. Since May 1, 2003, the legislator has abolished the requirement that the holiday coincide with a working day for the employee and the latter no longer needs to be credited with 60 days of uninterrupted service to be eligible for the non-working statutory holidays with pay stipulated in section 60 ALS and to receive the related indemnity.
The employee must be present at work on the working day that precedes or follows this day, subject to an absence with the employer’s authorization or for a valid cause. The employee whose presence on the statutory holiday is required but who does not show up will not be able to benefit from it or from the stipulated indemnity, unless he has a valid cause or the absence is authorized by the employer.
It should be noted that the expression "valid cause" refers to a situation that is beyond the person’s control (death, illness, etc.).
A working day is the day when the employee is scheduled to report for work or when he usually works.
See also:
The Interpretation guide
This guide presents all the sections of the law related to Labour Standards, as well as regulations adopted under the Labour Standards, the National Holiday Standards and their interpretation and caselaw.